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Comments

  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Impossible to advise on circumstances no one here has ever previously experienced. Tell you what, go through it, then come back and advise others likely to go through the same process in the near future, based on an experience that even the most expert regular has ever gone through. 

    Up for it?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx said:
    as long as all the paperwork is in and you are happy to do it , then its your choice, or wait months for a face to face confrontation
    there was one reported on here the other day , did you read it ?
    they could not get hold of the claimant so the judge found for the defendant
    The letter doesn't reference the requirement for any paperwork so I'm just going to go on the call with myself and my honesty I guess and hope for the best!  I'd rather do the call in that case than wait for months for a face to face hearing. That and I feel it's such a waste of courts time to be dealing with something so minor!

    No I hadn't seen that, I'll go and check it out now! Thank you!
  • Umkomaas said:
    Impossible to advise on circumstances no one here has ever previously experienced. Tell you what, go through it, then come back and advise others likely to go through the same process in the near future, based on an experience that even the most expert regular has ever gone through. 

    Up for it?
    Sure! Like I said, the forum has helped me enormously to get this far...so if there's anything that I can do to help others then I'd be glad of the chance.  I'll do the telephone preliminary hearing which is in just over a week and will feedback on the experience.
  • Umkomaas
    Umkomaas Posts: 44,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    Impossible to advise on circumstances no one here has ever previously experienced. Tell you what, go through it, then come back and advise others likely to go through the same process in the near future, based on an experience that even the most expert regular has ever gone through. 

    Up for it?
    Sure! Like I said, the forum has helped me enormously to get this far...so if there's anything that I can do to help others then I'd be glad of the chance.  I'll do the telephone preliminary hearing which is in just over a week and will feedback on the experience.
    Great response, thank you. Most run a mile when asked to give something back to help those coming to the forum suffering the same anxieties in the near future. 

    Good stuff, well impressed. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 April 2020 at 10:58PM
    Redx said:
    as long as all the paperwork is in and you are happy to do it , then its your choice, or wait months for a face to face confrontation
    there was one reported on here the other day , did you read it ?
    they could not get hold of the claimant so the judge found for the defendant
    The letter doesn't reference the requirement for any paperwork so I'm just going to go on the call with myself and my honesty I guess and hope for the best!  I'd rather do the call in that case than wait for months for a face to face hearing. That and I feel it's such a waste of courts time to be dealing with something so minor!

    No I hadn't seen that, I'll go and check it out now! Thank you!

    previous letters from the court told you the deadlines for the WS + EXHIBITS + COSTS ASSESSMENT , usually say 2 weeks before the hearing , so my point was that you ensure that these have been submitted to the court and claimant on time
  • GetSmarterVictoria
    GetSmarterVictoria Posts: 52 Forumite
    10 Posts First Anniversary
    edited 1 April 2020 at 11:19PM
    Redx said:
    Redx said:
    as long as all the paperwork is in and you are happy to do it , then its your choice, or wait months for a face to face confrontation
    there was one reported on here the other day , did you read it ?
    they could not get hold of the claimant so the judge found for the defendant
    The letter doesn't reference the requirement for any paperwork so I'm just going to go on the call with myself and my honesty I guess and hope for the best!  I'd rather do the call in that case than wait for months for a face to face hearing. That and I feel it's such a waste of courts time to be dealing with something so minor!

    No I hadn't seen that, I'll go and check it out now! Thank you!

    previous letters from the court told you the deadlines for the WS + EXHIBITS + COSTS ASSESSMENT , usually say 2 weeks before the hearing , so my point was that you ensure that these have been submitted to the court and claimant on time
    Oh no! I thought I'd done everything as requested by now and thought that the request for those bits comes after the preliminary?  !!!!!!, I'm off to check my paperwork again!

    EDIT:  Before I run off to check through boxes and paperwork (I've just moved house)...I have a copy of the prelim paperwork on my phone which states the purpose of the hearing is to establish:

    - The outstanding issues in the case
    -Possibility of settlement
    - What docs and/or statements will be required for the trial of the case
    - How long the trial is likely to last


  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 April 2020 at 11:27PM
    the order from your local court told you and the claimant the deadlines , assuming you received it ?

    how is a judge supposed to come to any conclusions and a judgment if you havent filed anything except a defence ?

    think about it, read all the advice on here like the what happens when posts linked in the newbies thread

    you dont just file a defence and a DQ and that it !! , there is more to do , so check your court order, nobody here can tell you what your local court has stipulated, that is why they send you a letter , so if you had a court date issued , you also had a deadline in it

    if you havent had a court date or a deadline set, then maybe this is more like mediation but with a judge presiding ?

    I hope you realise this forum is a consumer advice forum and not a legal aid forum ?
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would advise against a telephone hearing.  Your are far more likely to take their ill-prepared gun for hire lawyer to bits in a courtdoom.  Cancel because  you have lost your voice, (possible due to a virus), and demand a face to face hearing, which could tale place next year in current circumstances in a court room.  
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Regulars - can you please read that this isa  PERLIMINARY hearing! 
    This is what would in CrimPR be called a case management hearing, from the description above

    OP - take it.
    You have a hearing date letter, yes? In that letter it told you, very clearly, your deadline to submit docs. If this deadline is AFTER this hearing, then dont send anything UNTIL you have attended this preliminary hearing. This preliminary hearing will UPDATE that court order - or not! - with any new or amended requirements. Obviously *if you are unsure what you need to provide, and when, this is your chance to ASK for directions!*. Take. Notes. Do not rely on getting any paperwork from the court. Do not rely on your memory. Take. Notes.
    If the hearing letter gave you an earleir date, you obviously have two choices:
    1) Supply WS and other docs as per the hearing letter due date. 
    2) Get the court to tell you, BEFORE the  preliminary hearing, that you are ALLOWED to ignore the order or that the preliminary hearing letter supercedes this order
    You want this *in writing*, because the courts *run* on paperwork. 
  • GetSmarterVictoria
    GetSmarterVictoria Posts: 52 Forumite
    10 Posts First Anniversary
    edited 5 April 2020 at 12:20AM
    I am devastated and hope that this is a lesson to others - not that I know how it is going to turn out yet.
    I missed the telephone hearing after completely messing up the dates and through personal issues.  I lost my father in law 2 weeks ago unexpectedly and the funeral was the day before the hearing.  I was travelling the 5 hours back from the funeral on the day of the hearing and with all the emotion and exhaustion from trying to organise and hold a funeral during this pandemic, I messed up.

    I have emailed the courts to see if there's any way that they would consider a reschedule due to the circumstances but having never been through anything like this before, I doubt they will be compassionate.

    I wish I'd have taken the parking firms £85.00 deal now as this is likely to be a costly mistake!
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